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H0660aa.......................................by TRANSPORTATION AND DEFENSE
FLOODPLAIN MANAGEMENT - Adds to existing law to provide a uniform state
policy concerning the management of flood plains and to provide that local
governments may adopt and enforce land use regulations to implement proper
floodplain management in order to reduce the risks of construction in flood
plains.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
03/03 Rpt out - to Gen Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - Held
03/10 PASSED - 62-5-3
AYES -- Barraclough, Bell, Bieter, Bivens, Black(15), Black(23), Boe,
Bruneel, Callister, Chase, Clark, Crane, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Gagner, Geddes, Gould, Hadley, Hansen, Henbest,
Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Robison, Sali, Schaefer, Stevenson, Stoicheff,
Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
Zimmermann, Mr Speaker
NAYS -- Alltus, Barrett, Campbell, Hornbeck, Wood
Absent and excused -- Field(20), Kunz, Ridinger
Floor Sponsor - Pomeroy
Title apvd - to Senate
03/11 Senate intro - 1st rdg as amen - to St Aff
03/17 Rpt out - rec d/p - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Sweeney
Title apvd - to House
03/20 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 301
Effective: 07/01/98
H0660|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 660, As Amended BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO DISASTER PREPAREDNESS IN IDAHO; AMENDING CHAPTER 10, TITLE 46, 3 IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 46-1020, 46-1021, 46-1022, 4 46-1023 AND 46-1024, IDAHO CODE, TO PROVIDE PURPOSE AND FINDINGS, TO 5 DEFINE TERMS, TO PROVIDE THAT LOCAL GOVERNMENTS MAY ADOPT FLOODPLAIN ZON- 6 ING ORDINANCES, TO PROVIDE ENFORCEMENT AND SANCTIONS AND TO PROVIDE SEVER- 7 ABILITY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 10, Title 46, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of NEW SECTIONS , to be 11 known and designated as Sections 46-1020, 46-1021, 46-1022, 46-1023 and 12 46-1024, Idaho Code, and to read as follows: 13 46-1020. PURPOSE AND FINDINGS. (1) The legislature of the state of Idaho 14 finds: 15 (a) That recurring floods in Idaho threaten human life, health and prop- 16 erty and that the public interest requires that the floodplains of Idaho 17 be managed and regulated in order to minimize flood hazards to life, 18 health and property. 19 (b) That it is the policy of this state to reduce flood damage and the 20 number of people and structures at risk in flood hazard areas through 21 proper floodplain management, including such measures as floodplain zoning 22 ordinances which require structures to be built at a flood protection ele- 23 vation and/or with floodproofing. 24 (c) That local units of government have the primary responsibility for 25 planning, adoption and enforcement of land use regulations to accomplish 26 this proper floodplain management. Furthermore, they are best able to 27 adopt and implement comprehensive floodplain management programs that 28 include nonregulatory techniques to accomplish the purposes of this act in 29 cooperation with federal, state and local agencies. 30 (2) The purpose of this act is: 31 (a) To protect human life, health and property; 32 (b) To preserve floodplains for the purpose of carrying and storing flood 33 waters; 34 (c) To reduce the public cost of providing emergency services, flood con- 35 trol structures and rebuilding public works damaged by floods; 36 (d) To protect the tax base and jobs in Idaho; 37 (e) To reduce the threat of increased damage to existing development; 38 (f) To encourage the orderly development and wise use of floodplains; 39 (g) To minimize interruptions to business; 40 (h) To prevent increased flooding and erosion caused by improper develop- 41 ment. 42 46-1021. DEFINITIONS. As used in this act: 2 1 (1) "Development" means any manmade change to improved or unimproved real 2 estate, including, but not limited to, the construction of buildings, struc- 3 tures or accessory structures, or the construction of additions or substantial 4 improvements to buildings, structures or accessory structures; the placement 5 of mobile homes; mining, dredging, filling, grading, paving, excavation or 6 drilling operations; and the deposition or extraction of materials; specifi- 7 cally including the construction of dikes, berms and levees. 8 (2) "Flood" means a general or temporary condition of partial or complete 9 inundation of normally dry land areas caused by the overflow or rise of river, 10 ocean, streams or lakes, or the unusual and rapid accumulation or runoff of 11 surface waters from any source. 12 (3) "Flood fringe" is that portion of the floodplain outside of the 13 floodway covered by floodwaters during the regulatory flood. 14 (4) "Floodplain" is the land that has been or may be covered by 15 floodwaters, or is surrounded by floodwater and inaccessible, during the 16 occurrence of the regulatory flood. The riverine floodplain includes the 17 floodway and the flood fringe. 18 (5) "Floodplain management" is the analysis and integration of the entire 19 range of measures that can be used to prevent, reduce or mitigate flood damage 20 in a given location, and that can protect and preserve the natural, environ- 21 mental, historical, and cultural values of the floodplain. 22 (6) "Floodproofing" means the modifications of structures, their sites, 23 building contents and water and sanitary facilities, to keep water out or 24 reduce the effects of water entry. 25 (7) "Flood protection elevation" means an elevation that shall correspond 26 to the elevation of the one percent (1%) chance flood (one hundred (100) year 27 flood) plus any increased flood elevation due to floodway encroachment, plus 28 any required freeboard. 29 (8) "Floodway" is the channel of the river or stream and those portions 30 of the floodplain adjoining the channel required to discharge and store the 31 floodwater or flood flows associated with the regulatory flood. 32 (9) "Freeboard" represents a factor of safety usually expressed in terms 33 of a certain amount of feet above a calculated flood level. Freeboard shall 34 compensate for the many unknown factors that contribute to flood heights 35 greater than the height calculated. These unknown factors include, but are 36 not limited to, ice jams, debris accumulation, wave action, obstruction of 37 bridge openings and floodways, the effects of urbanization on the hydrology of 38 the watershed, loss of flood storage areas due to development and the sedimen- 39 tation of a river or stream bed. 40 (10) "Local government," in the context of this chapter, means any county 41 or city having planning and zoning authority to regulate land use within its 42 jurisdiction. 43 (11) "Mitigation" means any action taken which will reduce the impact, 44 damage or cost of the next flood that occurs. 45 (12) "Person" means any individual, group of individuals, corporation, 46 partnership, association, political subdivision, public or private agency or 47 entity. 48 (13) "Regulatory flood" is a flood determined to be representative of 49 large floods known to have occurred in Idaho and which may be expected to 50 occur on a particular stream because of like physical characteristics. The 51 regulatory flood is based upon a statistical analysis of stream flow records 52 available for the watershed or an analysis of rainfall and runoff characteris- 53 tics in the watershed. In inland areas, the flood frequency of the regulatory 54 flood is once in every one hundred (100) years; this means that in any given 55 year there is a one percent (1%) chance that a regulatory flood may occur or 3 1 be exceeded. 2 46-1022. LOCAL GOVERNMENTS MAY ADOPT FLOODPLAIN ZONING ORDINANCES. Sub- 3 ject to the availability of adequate mapping and data to properly identify the 4 floodplains, if any, within their jurisdiction, each local government is 5 encouraged to adopt a floodplain map and floodplain management ordinance which 6 identifies these floodplains and which requires, at a minimum, that any devel- 7 opment in a floodplain must be constructed at a flood protection elevation 8 and/or have adequate floodproofing. The local government may regulate all 9 mapped and unmapped floodplains within their jurisdiction. Nothing in this act 10 shall prohibit a local government from adopting more restrictive standards 11 than those contained in this chapter. 12 46-1023. ENFORCEMENT AND SANCTIONS. (1) Development constructed or main- 13 tained in violation of any local floodplain management ordinance that conforms 14 to the provisions of this chapter is hereby declared to be a public nuisance 15 and the creation thereof may be enjoined and the maintenance thereof may be 16 abated by action of the state, any local unit of government of the state or 17 any citizen thereof. 18 (2) If, after the effective date of this chapter, a local government 19 allows any development in a floodplain below the flood protection elevation 20 without adequate floodproofing, that development shall not, in the event of a 21 disaster emergency involving flooding in that floodplain, be eligible to 22 receive any matching funds from the state for any federal disaster assistance 23 program which may be available as a result of said flooding in that flood- 24 plain. The owner of the development will be required to rely on flood insur- 25 ance to insure their property against the risk of loss incurred by their 26 development in the floodplain in contravention of the intent of this chapter. 27 46-1024. SEVERABILITY. If any provision of this chapter or its applica- 28 tion to any person or circumstance is held invalid by a court of competent 29 jurisdiction, the invalidity does not affect other provisions or applications 30 of the chapter that can be given effect without the invalid provision or 31 application, and to this end the provisions of the chapter are severable.
REPRI NT
REPRINT
REPRI NT
STATEMENT OF PURPOSE
RS 07769
REPRI NT
Adds to Chapter 10 of Title 46, Idaho Code, new sections 461020
through 46-1024, which will provide a uniform state policy
concerning the management of floodplains in Idaho. This policy
encourages local governments to adopt and enforce land use
regulations to implement proper floodplain management in order to
reduce the risks inherent in construction in floodplains. It
provides definitions and guidance to local governments, as well as
providing enforcement authority under state law. It also provides
that if local governments allow development in a floodplain below
the flood protection elevation without adequate floodproofing,
that development shall not, in the event of a flood in that
floodplain, be eligible to receive any state matching funds for
any federal disaster assistance programs for which it may
otherwise qualify. In that case, property owners will only be able
to rely upon flood insurance to cover their loss, unless the local
government provides the required matching funds. This measure will
provide a uniform state policy on proper floodplain management and
encourage local governments to adopt and enforce adequate local
ordinances to manage the floodplains in Idaho.
FISCAL NOTE
None, unless a local government allows development in a floodplain
below the flood protection elevation without adequate
floodproofing after the effective date of this act, and a flood
occurs in that floodplain. In that event, developments constructed
after the effective date of this legislation will be ineligible
for state matching funds for any federal disaster assistance
program which may be available as a result of said flooding in
that floodplain.CONTACT: Lt. Col. Blair D. Jaynes
Military Division
422-5474
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 660